The Jobseeker’s Allowance Regulations 1996

• (1) A reduction under section 19A (other sanctions) in the circumstances described in the first column of the following table is to have effect for the period set out in the second column.

Circumstances in which reduction period applies	Reduction period
Where there has been no previous sanctionable failure by the claimant that falls within paragraph (2)	4 weeks
Where there have been one or more previous sanctionable failures by the claimant that fall within paragraph (2) and the date of the most recent previous sanctionable failure is not within 52 weeks beginning with the date of the current sanctionable failure	4 weeks
Where there have been one or more previous sanctionable failures by the claimant that fall within paragraph (2) and the date of the most recent previous sanctionable failure is within 52 weeks, but not within 2 weeks, beginning with the date of the current sanctionable failure and the period of reduction applicable to the most recent previous sanctionable failure is—
(a) 4 weeks	13 weeks
(b) 13 weeks	13 weeks
Where there have been one or more previous sanctionable failures by the claimant that fall within paragraph (2) and the date of the most recent previous sanctionable failure is within 2 weeks beginning with the date of the current sanctionable failure and the period of reduction applicable to the most recent previous sanctionable failure is—
(a) 4 weeks	4 weeks
(b) 13 weeks	13 weeks.

• (2) A previous sanctionable failure falls within this paragraph if—

• (a) the failure resulted in a decision to reduce the claimant’s award in accordance with section 19A; and

• (b) in the case of a joint-claim couple, the failure was by the same claimant;...

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) The period of a reduction under section 19A begins—

• (a) on the first day of the benefit week in which the sanctionable failure occurred where, on the date of the determination to reduce the award, the claimant has not been paid a jobseeker’s allowance since the sanctionable failure occurred; or

• (b) in any other case, on the first day of the benefit week after the end of the benefit week in respect of which the claimant was last paid a jobseeker’s allowance.

The period of a reduction under section 19B: Claimants ceasing to be available for employment etc.

69B

• (1) Subject to paragraph (5), the amount of an award of a jobseeker’s allowance, other than a joint-claim jobseeeker’s allowance, is to be reduced in accordance with this regulation and regulation 70 (amount of a reduction) if the claimant—

• (a) was previously entitled to a jobseeker’s allowance, or was a member of a couple entitled to a joint-claim jobseeker’s allowance; and

• (b) ceased to be so entitled by failing to comply with the condition in section 1(2)(a) or (c) (availability for employment and actively seeking employment).

• (2) Subject to paragraph (5), the amount of an award of a joint-claim jobseeker’s allowance is to be reduced in accordance with this regulation and regulation 70 (amount of a reduction) if the case falls within either paragraph (3) or (4).

• (3) A case falls within this paragraph if—

• (a) one of the claimants was previously entitled to a jobseeker’s allowance, other than a joint-claim jobseeker’s allowance; and

• (b) ceased to be so entitled by failing to comply with the condition in section 1(2)(a) or (c).

• (4) A case falls within this paragraph if—

• (a) the couple were previously entitled to a joint-claim jobseeker’s allowance but ceased to be so entitled by either or both of them failing to comply with the condition in section 1(2)(a) or (c); or

• (b) either member of the couple was a member of another couple previously entitled to such an allowance and that couple ceased to be so entitled by that person failing to comply with the condition in section 1(2)(a) or (c).

• (5) This regulation does not apply where—

• (a) the claimant had been treated as available for work under regulation 14 (circumstances in which a person is to be treated as available), or as actively seeking employment under regulation 19 (circumstances in which a person is to be treated as actively seeking employment);

• (b) the claimant ceased to be so treated due to no longer falling within regulation 14 or 19;

• (c) as a result of (b), the claimant’s award was terminated for failing to comply with the conditions in section 1(2)(a) or (c) (availability for employment and actively seeking employment); and

• (d) the Secretary of State considers that a reduction is not appropriate in the claimant’s circumstances.

• (6) Subject to paragraph (7), a reduction under this regulation in the circumstances described in the first column of the following table is to have effect for the period set out in the second column.

Circumstances in which reduction period applies	Reduction period
Where there has been only one occasion on which the claimant’s previous entitlement ceased	4 weeks
Where there have been two or more occasions on which the claimant’s previous entitlement ceased and the date of the most recent occasion is not within 52 weeks beginning with the date of the next most recent occasion	4 weeks
Where there have been two or more occasions on which the claimant’s previous entitlement ceased and the date of the most recent occasion is within 52 weeks, but not within 2 weeks, beginning with the date of the next most recent occasion and the period of reduction applicable on that occasion is or, but for paragraph (7), would have been—
(a) 4 weeks	13 weeks
(b) 13 weeks	13 weeks
Where there have been two or more occasions on which the claimant’s previous entitlement ceased and the date of the most recent occasion is within 2 weeks beginning with the date of the next most recent occasion and the period of reduction applicable on that occasion is or, but for paragraph (7), would have been—
(a) 4 weeks	4 weeks
(b) 13 weeks	13 weeks.

• (7) The period specified in paragraph (6) is to be reduced by the period beginning with the first day of the benefit week following the benefit week in which the claimant was last paid an award of jobseeker’s allowance and ending with the day before the date of claim or where regulation 3(g) of the Claims and Payments Regulations applies, the day before the suspension ends.

• (8) The period of a reduction under this regulation begins on the date of claim or where regulation 3(g) of the Claims and Payments Regulations applies, the date on which the suspension ends.

The amount of a reduction under section 19 and 19A and regulation 69B

Cases in which no reduction is to be made under section 19 or 19A

70A

• (1) No reduction is to be made under section 19 (higher-level sanctions) where—

• (a) the sanctionable failure is listed in section 19(2)(a), (b), or (d);

• (b) the sanctionable failure occurs before a claim to a jobseeker’s allowance is made; and

• (c) the period of the reduction as calculated under sub-paragraph (a) or (b) of regulation 69(4) is the same as, or shorter than, the period between the date of the sanctionable failure and the date of claim.

• (2) No reduction is to be made under section 19A (other sanctions) where the sanctionable failure is specified in section 19A(2)(a) (failure to comply with regulations under section 8(1) or (1A)) and—

• (a) is a failure to comply with regulation 24 (provision of information and evidence); or

• (b) unless paragraph (3) or (4) applies, is a failure to comply with regulation 23 (attendance) or 23A (attendance by members of a joint-claim couple).

• (3) This paragraph applies where the claimant—

• (a) fails to participate on the day specified in a relevant notification;

• (b) makes contact with an employment officer in the manner set out in a relevant notification before the end of the period of five working days beginning with the first working day after the day on which the claimant failed to participate on the day specified; and

• (c) fails to show a good reason for that failure to participate.

• (4) This paragraph applies where—

• (a) the claimant fails to participate in an interview at the time specified in a relevant notification, but makes contact with an employment officer in the manner set out in the notification on the day specified in the notification;

• (b) the Secretary of State has informed the claimant in writing that a failure to participate in an interview at the time specified in a relevant notification, on the next occasion on which a claimant is required to participate in an interview, at the time specified in a relevant notification, may result in the claimant’s entitlement to a jobseeker’s allowance or a joint-claim jobseeker’s allowance ceasing or the award being subject to a reduction;

• (c) the claimant fails to participate in an interview at the time specified at the time specified in a relevant notification on the next occasion;

• (d) the claimant makes contact with an employment officer in the manner set out in a relevant notification before the end of the period of five working days after the day on which the claimant failed to participate in an interview at the time specified at the time specified; and

• (e) the claimant fails to show a good reason for that failure to participate in an interview at the time specified.

• (5) In this regulation, “relevant notification” has the meaning given in regulation 25.

Sanctionable failures under section 19: schemes under section 17A(1)

70B

• (1) Mandatory Work Activity is a prescribed scheme for the purposes of section 19(2)(e) (higher level sanctions).

• (2) In paragraph (1) “Mandatory Work Activity” means a scheme under section 17A(1) (schemes for assisting persons to obtain employment; “work for your benefit” schemes etc) designed to provide work or work-related activity for up to 30 hours per week over a period of four consecutive weeks with a view to assisting claimants to improve their prospects of obtaining employment.

Application of a reduction to a new award

70C

• (1) Subject to paragraph (4), this regulation applies where—

• (a) the amount of an award is reduced in accordance with section 19 or 19A or regulation 69B;

• (b) that award (“the previous award”) is terminated;

• (c) the reduction period had either not yet begun or not ended when the previous award was terminated;

• (d) a new award is made to the claimant who had been entitled to the previous award; and

• (e) in the case of an award of a joint-claim jobseeker’s allowance, the reduction to the previous award was made in relation to a sanctionable failure by the claimant who is entitled to the new award.

• (2) Where this regulation applies, the reduction period that would have applied to the previous award but for the award having terminated applies to the new award from the first day of the benefit week in which the claim for the new award is made for the outstanding period.

• (3) In this regulation—

• “outstanding period” means the period determined under regulation 69, 69A or 69B in relation to the previous award minus—the benefit weeks in respect of which the previous award was reduced; andthe period beginning with the first day of the benefit week after the benefit week in which the previous award was terminated and ending with the first day of the benefit week in which entitlement to the new award begins;

• “reduction period” means the period determined under regulation 69, 69A or 69B in relation to the previous award.

• (4) This regulation does not apply where the Secretary of State is satisfied that, since the date of the most recent sanctionable failure, the claimant has been in employment for a period of, or more than one period where the total of those periods amounts to, at least 26 weeks.

Voluntary Redundancy

Good reason for the purpose of section 19(2)(c) and (d) and 19A(2)(c)

Good Cause for the purposes of section 19(5)(b)

Just cause for the purpose of sections 19(6)(b) and 20A(2)(e)

Person of prescribed description for the purpose of section 20(3)

Person in receipt of a training allowance

Reduced allowance where one member of a joint-claim couple is subject to a sanction

Interpretation

A3

Any payment made to the claimant in respect of any travel or other expenses incurred, or to be incurred, by him in respect of his participation in a scheme prescribed in regulation 3 of the Jobseeker's Allowance (Schemes for Assisting Persons to Obtain Employment) Regulations 2013.

A3

Any payment made to the claimant in respect of any travel or other expenses incurred, or to be incurred, by him in respect of his participation in a scheme prescribed in regulation 3 of the Jobseeker's Allowance (Schemes for Assisting Persons to Obtain Employment) Regulations 2013 but only for 52 weeks beginning with the date of receipt of the payment.

33A

Any local welfare provision.

23A

Any local welfare provision.

72A

Armed forces independence payment.

Citation, commencement, interpretation and application

A4

Any payment made to the claimant in respect of any child care, travel or other expenses incurred, or to be incurred, by the claimant in respect of the claimant’s participation in a scheme prescribed in regulation 3 of the Jobseeker’s Allowance (Supervised Jobsearch Pilot Scheme) Regulations 2014.

A4

Any payment made to the claimant in respect of any child care, travel or other expenses incurred, or to be incurred, by the claimant in respect of the claimant’s participation in a scheme prescribed by regulation 3 of the Jobseeker’s Allowance (Supervised Jobsearch Pilot Scheme) Regulations 2014, but only for 52 weeks beginning with the date of receipt of the payment.

75

Any payments to a claimant made under section 49 of the Children and Families Act 2014 (personal budgets and direct payments)

64

Any payments to a claimant made under section 49 of the Children and Families Act 2014 (personal budgets and direct payments)

A5

Any payment made to the claimant in respect of any child care, travel or other expenses incurred, or to be incurred, by the claimant in respect of their participation in a scheme prescribed in regulation 3 of the Jobseekers Allowance (18 - 21 Work Skills Pilot Scheme) Regulations 2014.

A5

Any payment made to the claimant in respect of any child care, travel or other expenses incurred, or to be incurred, by the claimant in respect of their participation in a scheme prescribed in regulation 3 of the Jobseekers Allowance (18 - 21 Work Skills Pilot Scheme) Regulations 2014, but only for 52 weeks beginning with the date of receipt of the payment.

Extended period of sickness

55ZA

• (1) This regulation applies to a person who—

• (a) has been awarded a jobseeker’s allowance;

• (b) proves to the satisfaction of the Secretary of State that he is unable to work on account of some specific disease or disablement (“the initial condition”);

• (c) either—

• (i) declares that he has been unable to work, or expects to be unable to work, on account of the initial condition or any other disease or disablement for more than 2 weeks but not more than 13 weeks; or

• (ii) is not a person to whom regulation 55(1) (short periods of sickness) applies by virtue of paragraph (3) of that regulation , and declares that he has been unable to work or expects to be unable to work, on account of the initial condition or any other disease or disablement, for 2 weeks or less;

• (d) during the period of his disease or disablement, satisfies the requirements for entitlement to a jobseeker’s allowance other than those specified in section 1(2)(a), (c) and (f) (availability for and actively seeking employment and capable of work or not having limited capability for work); and

• (e) has not stated in writing that for the period of his disease or disablement he proposes to claim or has claimed an employment and support allowance or universal credit.

• (2) The evidence which is required for the purposes of paragraph (1)(b) in a case where paragraph (1)(c)(i) applies is—

• (a) evidence of incapacity for work or limited capability for work in accordance with the Social Security (Medical Evidence) Regulations 1976 (which prescribe the form of ... statement or other evidence required in each case); and

• (b) any such additional information as the Secretary of State may request.

• (3) Subject to paragraph (3A), the evidence which is required for the purposes of paragraph (1)(b) in a case where paragraph (1)(c)(ii) applies is a declaration made by the person in writing, in a form approved for the purposes by the Secretary of State, that the person has been unfit for work from a date or for a period specified in the declaration.

• (3A) In a case where paragraph (1)(c)(ii) applies, but the period in which the person has been unable to work or expects to be unable to work in fact exceeds 2 weeks, the evidence that is required for the purposes of paragraph (1)(b) is the evidence that is required in a case where paragraph (1)(c)(i) applies.

• (4) Subject to the following paragraphs, a person to whom this regulation applies is to be treated as capable of work or as not having limited capability for work for the continuous period beginning on the first day on which he is unable to work on account of ... disease or disablement (“the first day”) and ending on—

• (a) the last such day; or

• (b) if that period would otherwise exceed 13 weeks, the day which is 13 weeks after the first day.

• (5) This regulation does not apply to a person on more than one occasion in any one period of 12 months starting on the first day applying for the purpose of paragraph (4).

• (6) Paragraphs (4) and (5) of regulation 55 apply for the purposes of this regulation as they apply for the purposes of paragraph (1) of regulation 55.

Periods of sickness and persons receiving treatment outside Great Britain

Prescribed amount of earnings

Housing costs

General exclusions from Paragraph 7

General provisions applying to ... housing costs

1B

If the claimant’s partner has been engaged in remunerative work as an employed earner or, had the employment been in Great Britain, would have been so engaged, any earnings paid or due to be paid on termination of that employment by way of retirement but only if—

• (a) on retirement the partner is entitled to a state pension under Part 1 of the Pensions Act 2014, or

• (b) the only reason the partner is not entitled to a state pension under Part 1 of the Pensions Act 2014 is because the partner does not have the minimum number of qualifying years.

Treatment of student loans and postgraduate ... loans

Treatment of special support loans

136C

A loan under the Education (Student Support) Regulations 2011 or regulations made under section 73 of the Education (Scotland) Act 1980 that is intended to meet the cost of books, equipment, travel or childcare is to be disregarded as income.

Disregard of contribution

Further disregard of student’s income

Income treated as capital

Disregard of changes occurring during summer vacation

76

Any bereavement support payment under section 30 of the Pensions Act 2014 (bereavement support payment) except any such payment which is disregarded as capital under paragraph 12(1)(e) or 65 of Schedule 8.

65

• (1) Any bereavement support payment in respect of the rate set out in regulation 3(2) or (5) of the Bereavement Support Payment Regulations 2017 (rate of bereavement support payment), but only for a period of 52 weeks from the date of receipt of the payment.

• (2) Where bereavement support payment under section 30 of the Pensions Act 2014 is paid to the survivor of a cohabiting partnership (within the meaning in section 30(6B) of the Pensions Act 2014) in respect of a death occurring before the day the Bereavement Benefits (Remedial) Order 2023 comes into force, any amount of that payment which is—

• (a) in respect of the rate set out in regulation 3(1) of the Bereavement Support Payment Regulations 2017, and

• (b) paid as a lump sum for more than one monthly recurrence of the day of the month on which their cohabiting partner died,

but only for a period of 52 weeks from the date of receipt of the payment.

66

Any payment made under or by a trust, established for the purpose of giving relief and assistance to disabled persons whose disabilities were caused by the fact that during their mother’s pregnancy she had taken a preparation containing the drug known as Thalidomide, and which is approved by the Secretary of State.

28A

Any payment made to a claimant under section 73(1)(b) of the Children and Young People (Scotland) Act 2014 (kinship care assistance).

67

Any payments made to a claimant under section 73(1)(b) of the Children and Young People (Scotland) Act 2014 (kinship care assistance).

Housing costs

77

Any payment of carer’s allowance supplement made under section 81 of the Social Security (Scotland) Act 2018.

78

Any early years assistance given in accordance with section 32 of the Social Security (Scotland) Act 2018.

68

Any early years assistance given in accordance with section 32 of the Social Security (Scotland) Act 2018.

79

Any funeral expense assistance given in accordance with section 34 of the Social Security (Scotland) Act 2018.

69

Any funeral expense assistance given in accordance with section 34 of the Social Security (Scotland) Act 2018.

80

Any Scottish child payment assistance given in accordance with section 79 of the Social Security (Scotland) Act 2018.

81

Any short-term assistance given in accordance with regulations made under section 36 of the Social Security (Scotland) Act 2018.

70

Any assistance given in accordance with the Carer’s Assistance (Young Carer Grants) (Scotland) Regulations 2019.

71

Any winter heating assistance given in accordance with regulations made under section 30 of the Social Security (Scotland) Act 2018.

82

Any disability assistance given in accordance with regulations made under section 31 of the Social Security (Scotland) Act 2018.

12A

Any payment of a widowed parent’s allowance made pursuant to section 39A of the Benefits Act (widowed parent’s allowance)—

• (a) to the survivor of a cohabiting partnership (within the meaning in section 39A(7) of the Benefits Act) who is entitled to a widowed parent’s allowance for a period before the Bereavement Benefits (Remedial) Order 2023 comes into force, and

• (b) in respect of any period of time during the period ending with the day before the survivor makes the claim for a widowed parent’s allowance,

but only for a period of 52 weeks from the date of receipt of the payment.

83

Any amount of carer support payment that is in excess of the amount the claimant would receive if they had an entitlement to carer’s allowance under section 70 of the Benefits Act.

Treatment of loans for specific purposes

84

Any Scottish carer supplement given in accordance with the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023.

85

Any carer additional person payment given in accordance with the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023.